Mbanjwa v Minister of the National Department of Public Works and Others (JS 776/18) [2021] ZALCJHB 141 (8 June 2021)
The court considered the grounds advanced for leave to appeal and determined that the application does not meet the threshold of reasonable prospects of success. The judge found no compelling reason to grant leave to appeal, as the applicant failed to demonstrate that another court would likely reach a different...
Source-derived case information.
- Citation
- [2021] ZALCJHB 141
- Parties
- Applicant: Phindile Mbanjwa; Respondent: Minister of the National Department of Public Works; Respondent: Premier: Gauteng Province; Respondent: MEC for Gauteng Economic Development
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JS 776/18
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Application for leave to appeal refused.
- Judges
- G. N. Moshoana
- Legal Topics
- Leave to Appeal, Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phindile Mbanjwa
Applicant
Minister of the National Department of Public Works
Respondent
Premier: Gauteng Province
Respondent
MEC for Gauteng Economic Development
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether the application for leave to appeal has reasonable prospects of success.
Ratio Decidendi
The court considered the grounds advanced for leave to appeal and determined that the application does not meet the threshold of reasonable prospects of success. The judge found no compelling reason to grant leave to appeal, as the applicant failed to demonstrate that another court would likely reach a different conclusion based on the facts or law. Accordingly, the application for leave to appeal was refused.
Court Disposition
Application for leave to appeal refused.
Orders
- The application for leave to appeal is refused.
- There is no order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case no: JS 776/18
In the matter between:
PHINDILE MBANJWA Applicant
and
MINISTER OF THE NATIONAL
DEPARTMENT OF PUBLIC WORKS
First Respondent
PREMIER: GAUTENG PROVINCE
Second Respondent
MEC FOR GAUTENG ECONOMIC DEVELOPMENT Third Respondent
Heard: In Chambers
Delivered: 08 June 2021 (This judgment was handed down electronically by distributing copies thereof to the respective
parties. The delivery date is deemed to be 08 June 2021)
JUDGMENT –
APPLICATION FOR LEAVE TO APPEAL
MOSHOANA, J
[1] This is an application for leave to appeal against the judgment of this court handed down on 23 April 2021.
[2] Having considered the grounds for leave to appeal, I come to the conclusion that the application lacks reasonable prospects of success.
Order
1. The application for leave to appeal is refused.
2. There is no order as to costs.
_______________________
G. N. Moshoana
Judge of the Labour Court of South Africa